Georgia made major changes to its cottage food law in 2025. HB 398 ended the state cottage food license, let home producers sell to grocery stores and restaurants and barred cities and counties from regulating cottage food items, with one exception. Georgia sets no limit on sales. The law still covers only foods that do not need temperature control for safety, so cheesecake and cream pies stay off the list. This guide explains where Georgia's law stands, what is still pending and, in a clearly labeled outlook, what changes may come next.
Note: This article is general information, not legal advice. Law details come from the Official Code of Georgia, the Georgia General Assembly's bill pages and the Georgia Department of Agriculture, or GDA, all linked below. Sources were checked on Nov. 1, 2026. The "Outlook" section is Cottage Food Directory's analysis, not a sourced forecast. GDA runs Georgia's Cottage Food Program, so confirm details with GDA before you act on them.
Georgia's law today
- No state license or fee. Since July 1, 2025, cottage food operators do not need a GDA license and do not pay a state licensing fee. Sources: GDA, HB 398 FAQ (PDF); HB 398 (2025) bill page.
- No sales limit. GDA does not limit gross sales or the number of units an operator produces. Source: GDA Cottage Food FAQ.
- Direct, online, mail order and store sales. Operators may sell directly to buyers, including online and by mail order, or to retail food sales establishments such as grocery stores and restaurants. A store that carries cottage foods must post signage and keep them in a separate, labeled section or display case. GDA says operators may sell online to end consumers within Georgia and warns that interstate sales may bring U.S. Food and Drug Administration oversight. Sources: O.C.G.A. 26-2-472 and 26-2-473(d), as passed (PDF posted by GDA); GDA Cottage Food FAQ.
- Limits on local rules. Counties and cities may not prohibit or regulate cottage food items, and they may not bar commercial delivery companies from delivering them. The one exception is an ordinance banning cottage food sales through stores and restaurants, which takes a published notice, a hearing and notice to GDA. Business license and zoning rules still apply. Sources: O.C.G.A. 36-60-33 and 26-2-478, as passed (PDF); GDA, HB 398 FAQ (PDF).
- Shelf-stable foods only. A cottage food item is a non-potentially hazardous food or nonalcoholic beverage made at the producer's residential property. Foods that need temperature control for safety, alcoholic beverages, foods containing cannabis and raw milk do not qualify. Source: O.C.G.A. 26-2-470, as passed (PDF).
- An ID number can replace the home address. Buyers must get the operator's business name, phone number and either the address or a GDA identification number, plus the statement "This product was produced at a residential property that is exempt from state inspection. This product may contain allergens." Sources: O.C.G.A. 26-2-473(a), as passed (PDF); GDA identification number form (PDF).
- Training and inspections. GDA's cottage food page says operators must complete an ANSI-accredited food safety training program and that a food handler course is acceptable. GDA inspects a home only to look into a complaint, a foodborne illness report or another public health emergency. Sources: GDA: Cottage Food; O.C.G.A. 26-2-476, as passed (PDF).
The Georgia cottage food law guide has the full rules, including the foods GDA lists and the labeling details.
How Georgia got here
- Before 2025: a GDA license and direct sales only. Georgia's cottage food program ran under GDA rules. Operators needed a GDA license, paid a fee and could sell only directly to consumers. Sources: GDA, HB 398 FAQ (PDF); Ga. Comp. R. & Regs. 40-7-19.
- 2025: HB 398 passes almost unanimously. The House passed HB 398 by 171-2 on March 3, 2025, and the Senate passed it by 54-2 on April 2. Gov. Brian Kemp signed it May 13 as Act 193, and it took effect July 1, 2025. Source: HB 398 (2025) bill page.
- Rules update still pending. GDA said it would propose new rules to repeal the parts of its old cottage food rules that conflict with HB 398, such as licensing and the older, more restrictive sales rules, and that it would use enforcement discretion in the meantime. As of Nov. 1, 2026, GDA's legal notices page listed no proposed cottage food rules. Sources: GDA, HB 398 FAQ (PDF); GDA legal notices.
- 2026: no new cottage food bill. As of Nov. 1, 2026, a keyword search of the General Assembly's 2025-2026 regular session for "cottage" returned HB 398 and no other cottage food bill. Source: Georgia General Assembly, legislation search.
- 2027: no session listed yet. As of Nov. 1, 2026, the General Assembly's website listed no 2027-2028 session, so no bills for it could be searched. Check again once the new session appears. Source: Georgia General Assembly, legislation.
How Georgia compares
Georgia's 2025 law is broad on where producers can sell. Florida, for example, has a $250,000 cap and does not allow wholesale sales, while Georgia has no cap and allows sales to stores and restaurants. Agency guidance in both states keeps shipping in-state. GDA says online sales go to end consumers within Georgia, and UF/IFAS Extension says Florida cottage foods may be shipped only within Florida. Sources: Fla. Stat. 500.80; GDA Cottage Food FAQ; UF/IFAS Extension, FS425.
On foods that need refrigeration, Georgia has not moved. Several states now allow some of those foods, each with conditions.
- Tennessee: Since July 1, 2025, some time or temperature control for safety foods may be sold in person by the producer or an agent. Source: SB 484 (2025) bill page.
- Texas: Since Sept. 1, 2025, operations that sell these foods must register with the Texas Department of State Health Services. Source: Tex. Health & Safety Code 437.01953.
- Colorado: Starting Jan. 1, 2027, a producer may sell one type of these foods, such as tamales, after a food safety course. Source: HB 26-1033 session law, Chapter 375.
For a side-by-side look at the region, see Florida, Georgia and Alabama: How Southeastern Cottage Food Laws Compare. For the national picture, see Where Cottage Food Laws Are Headed: The 2025-2026 Wave and What Comes Next.
Outlook: what may come next in Georgia
This outlook is Cottage Food Directory's analysis. It is not a prediction from GDA or the General Assembly.
- Final GDA rules. The most concrete change ahead is GDA's rules update. GDA has said it will repeal old rules that conflict with HB 398. New rules could also settle open questions, such as which older label items, like ingredient lists and net weight, still apply, and what the store signage must say. The timing is unclear, since no proposal had been posted as of Nov. 1, 2026.
- A bill to allow some perishable foods. With no license, no cap and store sales already in place, the clearest remaining gap is the food list. A bill modeled on Tennessee, Texas or Colorado could let home producers sell items like cheesecake or cream cheese frosting with refrigeration, registration or training rules. Georgia has no such bill on file, so this is a possibility, not a trend in the state yet.
- Watch the local opt-out. HB 398 lets each county or city ban cottage food sales through stores and restaurants. How many local governments use that option will shape how far the store-sales change reaches. GDA must be notified before such an ordinance takes effect, so GDA is the place to ask. Source: O.C.G.A. 26-2-478, as passed (PDF).
- Shipping across state lines is unlikely to change at the state level. Georgia law does not exempt operators from federal law, and GDA warns that interstate sales may bring U.S. Food and Drug Administration oversight. A state bill cannot change federal rules. Sources: O.C.G.A. 26-2-477, as passed (PDF); GDA Cottage Food FAQ.
- Home restaurants are unlikely soon. California's microenterprise home kitchen operations, small restaurants run from a home kitchen, exist only where a city or county opts in. Serving plated meals from home would be a much bigger step than selling packaged foods. Source: California Department of Public Health: Microenterprise Home Kitchen Operations.
What Georgia operators can do now
- Check each product. If an item is not on GDA's list, ask the Cottage Food Program before selling it, at 404-656-3627 or CottageFoodInfo@agr.georgia.gov. Source: GDA: Cottage Food.
- Ask your city or county about store sales. Before you sell through a store or restaurant, confirm that your local government has not adopted an opt-out ordinance.
- Watch for proposed rules. Proposed cottage food rules will appear on GDA's legal notices page, with a chance to comment. For what to do when a law changes, see When Your State Changes the Rules: A Checklist for Home Bakers.
- Watch the 2027 session. New bills will appear in the General Assembly's legislation search once the session is listed.
Frequently asked questions
Do I still need a license to sell cottage food in Georgia?
No state license is needed since July 1, 2025. Local business license and zoning rules still apply. Source: GDA, HB 398 FAQ (PDF).
Can I sell cheesecake from my Georgia home kitchen?
Not as a cottage food operator. Baked goods with fillings that need refrigeration and foods that need temperature control for safety are not cottage food items. Source: O.C.G.A. 26-2-470(7) and (8), as passed (PDF).
Can I sell my cottage foods to a local grocery store or restaurant?
Yes, unless your county or city has adopted an ordinance banning those sales. The store must post signage and display cottage foods separately. Sources: O.C.G.A. 26-2-472, 26-2-473(d) and 26-2-478, as passed (PDF).
Is a bill pending to change Georgia's cottage food law?
None was found as of Nov. 1, 2026. The General Assembly's website did not yet list a 2027-2028 session. Sources: Georgia General Assembly, legislation search; Georgia General Assembly, legislation.
Official sources
- HB 398 (2025), O.C.G.A. 26-2-470 to 26-2-478 and 36-60-33, as passed, posted by GDA (PDF)
- HB 398 (2025), Georgia General Assembly bill page and legislation search
- GDA: Cottage Food, GDA Cottage Food FAQ and GDA, HB 398 FAQ (PDF)
- GDA identification number form (PDF) and GDA legal notices
- Ga. Comp. R. & Regs. 40-7-19, Cottage Food Regulations
- Other states: Fla. Stat. 500.80, UF/IFAS Extension, FS425, Tennessee SB 484 (2025), Tex. Health & Safety Code chapter 437, Colorado HB 26-1033 and CDPH: Microenterprise Home Kitchen Operations
To find home bakers and makers in the state, browse the Georgia listings.
This article is general information, not legal advice. Last reviewed Nov. 1, 2026.